VIC Intervention order . Dad trying to see his kids

Discussion in 'Family Law Forum' started by Bluey49, 21 April 2018.

  1. Bluey49

    Bluey49 Member

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    My ex has place an intervention order on me . It is a pack of lies . They seem to hand them out like lollipops. . Police told me I can not see my kids for six weeks . They are both under 4 . Anyone got any ideas as what I can do other than wait 6 weeks until I have to be in court ? Any help would be great
     
  2. Rod

    Rod Well-Known Member
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    Does the intervention order name the kids?

    And yes, police do hand IOs out like lollipops. I believe, but can't confirm, police constables are admonished by their sergeant if they don't hand them out. I'll to do with butt covering in case you have very violent reaction one day and take it out on the family. Drop down to your local community legal centre with your paperwork and see if they can offer any suggestions. If the kids are named I don't like your chances.

    Whatever you do, don't contravene the IO. If there are family law matters before the courts, then you need to play it carefully and legal advice may help you work out what to do when the IO gets to court (ie contest, consent without admission, give an undertaking, admit to acts). A lawyer at a CLC can advise the options in more detail and the effect on family law matters like parenting.
     
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  3. sammy01

    sammy01 Well-Known Member

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    2 options. Consider doing them both.
    1. Call relationships Australia or any other publically funded mediation service. They are cheap. They can start the process of mediation.
    2. Call a solicitor and get them to write to the ex requesting a schedule of times you can have the kids. Might work, might not.

    Don't wait 6 weeks to get to court. I'm assuming you have an interim avo right now? and court in 6 weeks is to sort the AVO? Court on that day will not bring you any closer to seeing the kids.

    NEVER EVER pick up the kids from school or what ever without HER consent and preferably via text message... This is not important right now.. but just remember it.

    I hate to say this but I think you're best bet is to accept the avo without admission. You could hire a very expensive solicitor / barrister to try and fight it and you might win.. Spend your money on family law, which is how you get access to the kids. Completely different court to the local district court which spends its time dealing with petty criminals, drink drive and AVO's.

    Do not contact the ex or any of her extended family. Do not answer your mobile if your screen displays her number. Do not text her, do not write about her on social media. Do not call her cousin, brother, best friend etc etc.

    One thing you could consider - I'm assuming you're not allowed near the house and she is living in it? You can go have a chat to the local police. Be very very nice. Best behaviour nice. Ask them if they would assist you in collecting some stuff from the house. They will call her and if she says NO then the answer is NO. But better than going to the Salvo's every other day to buy clothes? true... Been there done that..
     
  4. Bluey49

    Bluey49 Member

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    She has put kids on avo . So can’t see them . I will fight avo cause it is complete bulls**t . I will see lawyer this week as he told me to go to family court as well . Represent yourself in avo case . I was just wondering if there is any way to see kids as it’s so hard not seeing them . I don’t live at her address . I have everything so than there is no reason to go to her house . She has been bagging me and sending emails to places trying to get me fired . She is a horrible person .
     
  5. Bluey49

    Bluey49 Member

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    Kids are on AVO . She has just done it to be in control . She has tried to get me sacked from job . It backfired now she has done this . The people suffering are the kids . I know my daughter will be asking for me . I have no idea what bulls**t she is telling them . She has done this out of spite .
     
  6. Rod

    Rod Well-Known Member
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    This is stage one in her attempt to cut you out from the kids lives. It may get worse, especially if she sets you up to contravene the IO. You now need to play very smart and have lots of patience as you have much to lose if you stuff up

    Get yourself to the Federal Circuit Court asap and start a parenting case (property, divorce needed as well??). You are about to enter a new and unpleasant world. Get used to it.

    You can also consider a defamation action against the ex for writing to your employer if her claims are untrue. Many people don't bother about it because of cost and effort but it is an option if you want it. At least consider having a lawyer send a letter demanding an apology. It might show her you are serious about protecting yourself from her lies and make her pull her head in.

    Strongly suggest you do not fight the IO. What you do is negotiate a change, say shorten it to 6 months rather than 12 months and give an undertaking instead. You really really need legal advice if you are thinking of challenging an IO. There can be adverse consequences if you fight it and lose. Remember a teary and frightened woman in court will get her IO regardless of what you did or said to trigger the IO.

    Just as she has stepped up her game, you need to do likewise. Get smart, not even.
     
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